I believe it is my urgent duty to advise you and your
government that its refusal to allow the migrants on board the vessel
Tampa to disembark on land places Australia in breach of international
conventions to which it is a signatory. It also endangers the members
of the ship's crew, who have done nothing more than comply fully with
their responsibility to aid a ship in distress. Additionally I must
advise you that even the military action undertaken so far is dangerously
close to the definition of an act of war.

Australia's actions so far put it in breach of the
following international conventions, which are the keystones of international
maritime governance:

Solas (Safety of Life at Sea) 1979. The Tampa is not licensed as a
passenger ship and is clearly unfit for that role beyond for the short
period necessary to assist shipwrecked seafarers. In its current level
of occupancy it is deficient in lifeboats, lifejackets and other
lifesaving equipment and would be liable to detention at any port in
the world if it were to attempt to take on a quarter of the number of
passengers it now has.

International Convention on Maritime Se arch and Rescue 1979.
This convention requires the parties involved to co-operate where necessary
and to bring a rescue to a speedy conclusion by taking those affected
to shore. Australia's behaviour in delaying such a resolution and answering
the master's Mayday signal by boarding the ship with troops is clearly
incompatible with this.

Article 98 of Unclos (the United Nations Convention on the Law of
the Sea) [Duty to Render Assistance] requires every state to require
the Master of a ship flying its flag to render assistance to
any person found at sea in danger of being lost and to proceed at all
speed to rescue persons in distress. Again, this is at odds with the
delay in allowing the Tampa to enter port.

These infringements must be placed alongside the apparent flouting
of Australia's obligations under the 1951 UN Convention Relating to
the Status of Refugees. It is difficult to see how any course of action
other than allowing the migrants on the Tampa to land (ready for processing
by the relevant national authorities) is compatible with Australia's
continuing in its position as a member of the Council of the International
Maritime Organisation (IMO) - a body whose central concern is the safety
of life at sea.

As well as these matters we feel obliged to put on
record that the unwanted and unrequested occupation of the sovereign
territory of Norway - a friendly country - by Australian soldiers is
dangerously irresponsible. It is difficult to see how this, let alone
any use of troops or a frigate to turn around the Tampa, is anything
less than a technical act of war. Were it to have been carried out on
the high seas, rather than in territorial waters, there would be a good
case to be made for calling it piracy.

We are mindful of the difficult position in which
your country has been placed by the appalling behaviour of Indonesia
and its refusal to effectively crack down on the horrible trade in people
smuggling and to police its own waters. However, unlike Indonesia, Australia
is a signatory of all these conventions and has until now been recognised
as a state with a proud tradition of maritime excellence. That its Government
seems willing to jeopardise that reputation by risking people's lives
for short term domestic political gain is abhorrent.

I sincerely hope that you will pass on this message
to your Government, and that it will take heed of the rising number
of voices around the world calling on your nation to act in accordance
with both its humanitarian duty and its well known reputation for fairness.